This document summarizes a panel discussion on copyright fair use updates from November 2010. The panelists discussed new rights and ongoing confusion related to copyright fair use in education. They provided an overview of copyright basics and fair use guidelines, ways to determine copyright status, exemptions under the Digital Millennium Copyright Act, and recent copyright cases and articles. Resources on copyright and fair use issues from various universities were also cited.

1. WCET Copyright Fair Use Update, November 2010 1
Copyright Fair Use Update: New Rights, New Confusion
WCET Annual Conference
November 11, 2010
Janis Bruwelheide, Montana State University-Bozeman (janisb@montana.edu)
Patrick Newell, California State University, Fresno (pnewell@csufresno.edu)
Marion Smith, California State University, Dominguez Hills (msmith@csudh.edu)
Russell Poulin, WCET (Moderator; rpoulin@wiche.edu)
Copyright Basics
 “The Campus Guide to Copyright Clearance”:
http://www.copyright.com/Services/copyrightoncampus/
 “An Intellectual Property Primer for Online Instructors” from UC Irvine:
http://ocw.uci.edu/courses/course.aspx?id=108
 “Copyright Crash Course”, University of Texas System (up-to-date?):
http://copyright.lib.utexas.edu/
Fair Use Guidelines
 “Fair Use Guidelines for Educational Multimedia”, University of Texas System:
http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm
 “Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web”,
University of Maryland University College: http://www.umuc.edu/library/copy.shtml
 “Copyright & Fair Use” website, Stanford University:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/
 Codes for Best Practices, Center for Social Media, American University School of
Communication: http://centerforsocialmedia.org/fair-use
 “Fair Use Evaluator” (INTERACTIVE TOOL), Copyright Advisory Network:
http://librarycopyright.net/fairuse/
Determining Copyright Status
 “Copyright Term and the Public Domain in the United States”, Copyright Information
Center at Cornell University:
http://copyright.cornell.edu/resources/publicdomain.cfm
 “Copyright Decision Tree”, Copyright Information Center at Cornell University:
http://copyright.cornell.edu/resources/docs/Copyright_Decision_Tree.pdf
 “Is it Protected by Copyright?” (INTERACTIVE TOOL), Copyright Advisory Network:
http://librarycopyright.net/digitalslider/

2. WCET Copyright Fair Use Update, November 2010 2
 “Reproductions by Libraries or Archives for their Users, for Replacement, or for
Preservation” (INTERACTIVE TOOL), Copyright Advisory Network:
http://librarycopyright.net/108spinner/
 “Exceptions for Instructors in U.S. Copyright Law” (INTERACTIVE TOOL), Copyright
Advisory Network: http://librarycopyright.net/etool/
Guidelines for Classroom Copying
 “Guidelines For Classroom Copying of Books and Periodicals”, University of Texas
System: http://www.utsystem.edu/ogc/intellectualproperty/clasguid.htm
Digital Millennium Copyright Act (DMCA) Anti-Circumvention Exemptions (July 2010)
 IPTA blog describing the exemptions: http://iptablog.org/2010/07/26/the-new-dmca-
an.html
 ©ollectanea blog describing the exemptions:
http://chaucer.umuc.edu/blogcip/collectanea/2010/07/worth_the_wait_-
_installment_1.html
UCLA Streaming Video Copyright Issue
 Inside Higher Ed article, March 2010:
http://www.insidehighered.com/news/2010/03/04/copyright
 “Campus to restart streaming of instructional video content”, UCLA:
http://newsroom.ucla.edu/portal/ucla/campus-to-re-start-streaming-of-154601.aspx
 Association for Information Media and Equipment: http://www.aime.org/
eReserves
 University of Colorado at Boulder’s e-Reserves: 2010 Copyright Policy,
http://ucblibraries.colorado.edu/reserves/copyright2010.htm
 CSU Dominguez Hills eReserves website:
http://library.csudh.edu/services/reserves/ereserves/default.shtml
Marion’s Favorite Current Cases
 “The Hope Poster”: http://en.wikipedia.org/wiki/Shepard_Fairey
 NoteUtopia.com: http://www.latimes.com/news/local/la-me-class-notes-
20101015,0,7797568.story
 CSU warns students about NoteUtopia.com: http://www.statehornet.com/news/csu-warns-
students-about-new-note-sharing-website-1.1716811

3. WCET Copyright Fair Use Update, November 2010 3
Accessibility
 AccessIT-The National Center on Accessible Information Technology in Education:
http://www.washington.edu/accessit/
 CSU Dominguez Hills – Web Access Management:
http://www.csudh.edu/wam/webaccessibility/
 W3C-Web Accessibility Initiative: http://www.w3.org/WAI/mobile/
California State University, Dominguez Hills
 Copyright Website: http://www.csudh.edu/copyright/
 Library reserves and ereserves portal: http://library.csudh.edu/services/reserves/
Recent Articles/Opinions about Copyright
 Freakonomics: Copyright and Football: A Guest Post:
http://freakonomics.blogs.nytimes.com/2010/09/17/copyrighting-football-a-guest-
post/
 Play It Again, Professor (The Positives of Copying): http://chronicle.com/article/Play-It-
Again-Professor/124989/?sid=at&utm_source=at&utm_medium=en
 Plagiarizing Yourself (Can Students Copy Their Own Work?):
http://chronicle.com/article/Plagiarizing-
Yourself/124781/?sid=at&utm_source=at&utm_medium=en
 Academic Libraries Add NetFlix Subscriptions:
http://chronicle.com/blogs/wiredcampus/academic-libraries-add-netflix-
subscriptions/27018
What’s New in Copyright, Intellectual Property, and Fair Use?
 Copyright Advisory Network (A community of librarians, copyright scholars, policy
wonks): http://librarycopyright.net/wordpress/
 ©ollectanea, University of Maryland University College’s Center for Intellectual
Property: http://chaucer.umuc.edu/blogcip/collectanea/
 The U.S. Copyright Office: http://www.copyright.gov/
 Creative Commons: http://creativecommons.org/

4. WCET Copyright Fair Use Update, November 2010 4
PANELISTS
Janis Bruwelheide is recognized nationally as an intellectual property
consultant, speaker, and workshop leader. She revised and expanded The Copyright
Primer: A Handbook for the American Library Association and National Education
Association. She has written several papers and chapters on copyright and
technology for books and periodicals. Bruwelheide often presents on collaborative
programming and delivery as well as digital ethics including plagiarism prevention
and detection. She is project director for the Borderless Access to Training and
Education Project, known as BATE, and a professor at Montana State University-Bozeman. BATE has
place online certification courses for teachers to become school library media specialists and school
administrators, as well as professional development opportunities.
Patrick Newell's interest in copyright was sparked when working at the
California Digital Library in 1997 when questions about copyright and digital items
arose, and he educated himself on copyright issues before joining the American
Library Association’s Office of IT Policy's Copyright Advisory Committee (of wh he is
outgoing chair). Newell recently completed a Ph.D. in Education Policy and Law at
UC Davis' School of Education and School of Law conducting research focused on
how faculty in different disciplines at community colleges, teaching universities,
and research universities understand copyright. Newell serves as the campus copyright officer and
DMCA agent for CSU Fresno and the liaison for the American Library Association Committee on
Legislation Subcommittee on Copyright.
Marion Smith has come to copyright law and compliance from a grassroots
level, when, while working as an instructional computing consultant, she
determined in 2000 that she was the only person at California State University,
Dominguez Hills who was not too terrified to learn about the impact of the
Internet on copyright law at a one-week seminar at Cornell University. (This was
just two years after the passage of the Digital Millennium Copyright Act—the
DMCA--of 1998.) Now serving as DMCA designated copyright agent for the
university and holding the title policy and web consultant in the Office of Information Technology, she
responds to notices of possible copyright infractions and provides biannual copyright training to
students, faculty, and staff. Smith earned a B.S. in Mathematics at Stanford University and an M.A. in
Humanities at California State University, Dominguez Hills.